STATE v. HERRING

No. 08-MA-213.

2011 Ohio 662

State of Ohio, Plaintiff-Appellee, v. Willie Herring, Defendant-Appellant.

Court of Appeals of Ohio, Seventh District, Mahoning County.

Dated: February 11, 2011.


Attorney(s) appearing for the Case

Paul Gains , Prosecutor, Ralph M. Rivera , Assistant Prosecutor, 21 W. Boardman St., 6th Floor, Youngstown, Ohio 44503, For Plaintiff-Appellee.

Attorney Kimberly S. Rigby , Attorney Jennifer A. Prillo , Assistant State Public Defenders, 8 East Long Street, 11th Floor, Columbus, Ohio 43215, For Defendant-Appellant.

Before: Gene Donofrio, Joseph J. Vukovich, Cheryl L. Waite.


OPINION

DONOFRIO, J.

{¶1} Defendant-appellant, Willie Herring, appeals from a Mahoning County Common Pleas Court judgment denying his petition for postconviction relief.

{¶2} The following facts were set out by the Ohio Supreme Court in appellant's direct appeal.

{¶3} "Shortly after midnight on April 30, 1996, five masked gunmen intent on robbery entered the Newport Inn, a bar in Youngstown...

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